Can debt collectors come after your assets if your spouse incurred the debt before you were married?

Question

Can debt collectors come after your assets if your spouse incurred the debt before you were married?

Answer

Debtors cannot come after your assets in an effort to collect your spouse’s unsecured premarital debt. The debt is unsecured so there is not any property it is tied to they can legally repossess. Also, the fact that these debts are only in your wife’s name since it is a premarital debt, this further makes it invalid for debt collectors to come after your assets.

If this is a debt with the IRS, the rules change and your wife can face wage garnishments which can directly affect your joint ability to pay shared household expenses. You should urge your wife to speak to the debt collectors and work out a repayment plan. If her credit continues to suffer as a result of this unpaid debt, it will be very difficult for the two of you to apply for a mortgage, refinance your mortgage, get a car loan together, etc.

If you need more information, consult with a Debt Settlement Attorney as they can advise you of your legal rights and help your wife settle her unpaid debts.

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